- (1.) We have heard Shri Kshitij Shailendra, learned counsel for the petitioners, Shri Shreeprakash Singh, learned counsel for the respondent nos. 4 to 11 and learned Standing Counsel for respondent nos. 1, 2 & 3.
(2.) The petitioner has questioned the veracity of the government order dated 13.08.2013 and orders dated 23.9.2016 and 18.10.2016 passed by the Assistant Inspector General (Registration/Stamp), Rampur by which the authority has withdrawn the registration of the sale deed and has consequently annulled the sale deed dated 15.12.2015 executed by respondent no. 11 in favour of the petitioners.
(3.) The facts pleaded in the writ petition are, that respondent no.11 is the father who executed a registered Will dated 14/15.10.2014 bequeathing his residential house in favour of his children, namely, the petitioners and the respondent nos. 4 to 10. During his life time, respondent no. 11 executed a sale deed of the same property in favour of the petitioners by means of a registered sale deed dated 15.12.2015. Respondent no.11 filed a suit on 5.8.2016 for a declaration that the sale deed dated 15.12.2015 alleged to have been executed by him in favour of the petitioners is null & void for the reasons stated in the plaint which is not necessary for the purpose of adjudication of the present dispute. After four days, respondent no.11 filed an application under Order 23 C.P.C for withdrawal of the suit without seeking liberty to file a fresh suit and ultimately on the basis of this application, the suit was dismissed as withdrawn on 2.1.2017.;